that's why it's the good stuff. >> that's right. big story today, of course, is the train derailment. we have continuing coverage on cnn. let's get right to carol costello. carol? >> you got that right. "cnn newsroom" starts right now. an 82-mile-an-hour disaster. >> when i heard about the speed, i gulped. >> the bronx train derailment, no questions and new details developing right now about the engineer, reports he zoned out. his phone records seized. drug and alcohol tests under review. >> we will be developing what we call a 72-hour time line so that we have a good understanding of what sort of activities preceded this accident. also, moment of impact. >> we have confirmed two doa.

>> paul walker crash and new perspective. >> there's nothing. we tried. we went through five extinguishers. >> walker's father speaking out, saying he's proud of his son. >> i'm just glad every time i saw him i told him i loved him. plus, seismic seattle. seahawks fans so loud, they registered on the richter scale. and animals are people, too. no, really, they are. the new push to give chimps the same rights as humans. you're live in the "cnn newsroom." good morning. i'm carol costello. thank you so much for joining me. investigators now say a train that derailed in the bronx that killed four people was going nearly three times the speed

limit. it was clocked going 82 miles an hour when it should have been going 30. why was it going so fast? rene marsh is following the investigation from washington. good morning. >> reporter: good morning, carol. the focus today, speed and the train's brakes. as you mentioned, why was this train going so fast? this morning that's the critical question investigators have for the train's engineer. ntsb investigators continue searching for answers and questioning train engineer william rockefeller with hopes in finding out why this train was going so fast. >> the train was traveling at approximately 82 miles per hour as it went into a 30-mile-an-hour curve. >> reporter: that's nearly three times the speed limit for this curving stretch of track. the train speed is even higher than the maximum speed of 70 miles per hour in the straightaway north of the crash site. deepening the mystery and ntsb

said the train insplikably went from 60 to 82 miles per hour in two minutes before hitting the curve and jumping the tracks. >> for a train to be going 82 miles an hour around that curve is just a frightening thought. >> mechanical problem or human error? it's still too early to tell. investigators say the train made nine stops before jumping the tracks and there were no reports of brake problems. according to a law enforcement official, rockefeller said he tried to brake but the train didn't stop. he appeared coherent, another official said. results of drug and alcohol tests are not yet known. the ntsb will also look at whether fatigue was a factor. >> we will be developing what we call a 72-hour timeline so that we have a good understanding of what sort of activities preceded this accident. >> reporter: sources tell cnn

rockefeller's phone records have been subpoenaed but based on a preliminary review, it's not believed the engineer was on his phone at the time of the derailment that killed four. among them, jim lovell, who was commuting to work on sunday morning. >> my dad was not a victim. he was a loving father, great dad, best friend, uncle. i am so proud and blessed that i was able to call him my father. >> so not only was this train going too fast, but power to the engine wasn't cut and brakes were not applied until seconds before the train came to a stop. that is far too late. and today investigators are evaluating the train's brakes. they say there's no indication they were tampered with. the interview with rockefeller was cut short yesterday because of his emotional state. it resumes today. finally, carol, the bronx district attorney's office is now involved. if any criminal charges are brought, the bronx d.a. will likely be the one to do it.

>> rene marsh, live from washington this morning. >> now to the sudden death of "fast and furious" star paul walker. drag racing has been ruled out as the cause of that deadly crash. new surveillance video to show you. this was obtained by omg insider. it shows the moment that walker's porsche slammed into a light pole. it appears to refute came that is another car was involved. fire extinguishers were pull friday their cars. and they ran to the car to try to distinguish the flames. vin diesl was at the crash site and thanked supporters over a loud speaker. >> thank you for coming down here and showing us how much you appreciated him. also new this morning, walker's father choking back tears as he remembered his son's

life and legacy. >> i was proud of him every day of his life. he was always doing stuff for us. big gestures. his heart was so big. >> autopsies for walker and the driver, roger rodas, who was also killed, are scheduled for today. nischelle turner is in new york with more. good morning. >> reporter: good morning, carol. you talked about that new video from omg insider. it seems to show the moment of impact of the crash. while sheriff's -- l.a. county sheriff's department continues to investigate what happened, friends, family and fans of paul walker and robert rodas continue to mourn. fast cars and high octane driving, the keys of the "fast and furious" franchise and

possibly the cause of death for one of its young stars. investigators say they believe the fiery crash that killed paul walker and a friend on saturday involved a single speeding car. his "fast and furious" co-star vin diesel visited the crash site monday night and addressed a crowd gathered at the memorial. >> thank you for coming down here and showing that angel up in heaven how much you appreciated him. >> reporter: omg insider obtain this had video showing the moment the 2005 porsche slammed into a light pole. >> we have confirmed two doa. >> reporter: l.a. county sheriff's department investigated it. >> when they passed us, there were no other cars around them at all. and there was only one car and we were listening for it. and when they hit it a little bit -- you could hear their exhaust. there's only one car.

>> reporter: the pavement where the crash occur sd scorchd with skid marks. it's unclear if those were left by the car walker was riding in. law enforcement officials say the street has a reputation of being popular with fast drivers. walker himself spoke about the kind of dangerous driving depicted in the "fast and furious" in 2001. >> nothing worse than 120-mile-an-hour blowout on a surface street, with pedestrians lining up and down. it's common sense. it's not worth the risk factor. >> i've got a baby on a ventilator. >> walker's new movie "hours" will open as planned on december 13th. he had been working on the seventh installment of the "fast and furious" series at the time of his death. the future of that film now in question. this has been leaked online showing walker at a funeral. walker leaves behind a devoted fan base, friends and close-knit

family. his dad says they are overcome with grief. >> as a father, that's a fear you always have, that one of your children will go before you. >> reporter: i will tell you, carol, early on sources close to paul walker were telling me they did not believe in any way, shape or form that street racing or elicit drag racing had anything to do with this crash. they said paul had a motto. he was a race car driver. they said his motto was cars are to be raced on the track and not on the street. i also spoke with one of his representatives yesterday who says they are still trying to work out plans for a memorial and also the autopsies for both paul walker and robert rodas will be performed later on today. >> nischelle turner reporting live from new york this morning. eight-alarm fire lit up the sky in boston earlier today. the situation now under control but firefighters are still battling flames in the

five-story building. everyone who was inside escaped safely without injury. now to a legal decision that could have a big impact on your money and the u.s. states that want them to collect sales taxes from you. and that means you're probably going to pay more. i'm talking about being taxed on your internet purchases. i'll put it more simply for you. cnn's business correspondent christine romans is in new york to tell us why that's more likely. >> internet shales taxes, carol. supreme court decided it would not hear a case. it was probably the last cyber monday without sales tax for millions. states want tax revenue. online retailers want tax-free shopping. brick and mortar shops want online retailers to have the

same taxes. uncollected sales tax, so the states want to find ways to get that tax revenue from web retailers. the sproem court decided not to get involved in appeals from amazon and overstock.com. the court let stand a ruling from a new york court requiring that internet retailers collect sale taxes even if they have no physical present in the state. this effectively ends, carol, ends tax-free shopping online for people and gets other states thinking about how they can bring in more taxes, too, carol. >> christine, thanks. seattle seahawks fan base has done it again! loud, right? fans set another guinness world record against the saints. all that yelling and stomping actually registered as an earthquake in the one to two magnitude range according to a professor from the university of

washington. that is insane! something else insane. you know that old saying in sports if you ain't cheatin', you're not tryin'? two head coaches are in trouble for cheating, or allegedly cheating, i should say. we have new video to show you pictures of steelers head coach mike tomlin allegedly stepping on the field on purpose to deliberately interfere with a player returning a kickoff. this, in addition to nba coach's last minute stunt of spilling a soda. he told a player to bump into him so that soda could be spilled on to the floor because he was out of time-outs. andy schultz is here to tell us which man is the bigger alleged cheater. >> the mike tomlin controversy here, i was on the other -- i was watching the jumbo tron, you know, he wandered out on the field. it's an accident. but this new video, you can keerly see him take a huge step to the right,

so in your mind, mr. sports guy, who is the bigger cheater? >> well, we're still not sure if tomlin really meant to step on the field.

. white house getting ready to roll out a new obama care campaign. brianna keilar is at the white house this morning. >> reporter: with some improvements to affordable health care website under his belt, is he making a pitch again. is it too soon? a live report is coming up. 1ñp farmer: hello, i'm an idaho potato farmer.

and our giant idaho potato truck is still missing. so my dog and i we're going to go find it. it's out there somewhere spreading the good word about idaho potatoes and raising money for meals on wheels.

but we'd really like our truck back, so if you see it, let us know, would you? thanks. what? i use my citi thankyou card to get 2x the points at the coffee shop.at the office, which will help me get to a beach in miami and they'll be stuck at the cube farm. the citi thankyou preferred card. now earn 2x the points dining out, with no annual fee. go to citi.com/thankyoucards millions have raised their hand for the proven relief of the purple pill.

and that relief could be in your hand. for many, nexium helps relieve heartburn symptoms from acid reflux disease. find out how you can save at purplepill.com. there is risk of bone fracture and low magnesium levels. side effects may include headache, abdominal pain, and diarrhea. if you have persistent diarrhea, contact your doctor right away. other serious stomach conditions may exist. avoid if you take clopidogrel. for many, relief is at hand. ask your doctor about nexium. checking our top stories at 18 minutes past the hour, another deadly shark attack in hawaii. a 57-year-old man was bitten as he was fishing from a kayak in

maui. the man's feet had been dangling over the side of the boat -- the side of the kayak rather. the man with him wrapped a tourniquet around his leg and tried to get the attention of a passing boat. >> we tried to get the body of the kayaker into the boat. my wife is a physician and determined as well as she could that the person had passed away some time before. >> there have been 13 shark attacks in hawaii this year alone. a 58-year-old mother seriously injured and rushed to the hospital after a rare black bear attack in central florida. the woman was walking her dogs when she was attacked. she managed to escape the bear and called 911. officials are now searching for that black bear. hong kong officials have confirmed that the city's first case of bird flu. a worker has been hospitalized and placed in critical condition after contracting the potential deadly disease. 135 cases of bird flu have been

reported in china since october. of those cases 45 people have died. hong kong is currently on high alert. today a federal job is expected to rule on whether or not to allow the city of detroit to allow chapter nine bankruptcy. if allowed it would be the largest city to file in u.s. history. detroit's city manager has argued they have nearly $18 billion approximate in debt that needs to be seriously reduced to help get the city back on its feet. the judge's ruling is expected to come down 10:00 am eastern. here is a bizarre reward for being a loyal customer at your supermarket, higher prices. stores are keeping track of what you might buy next and how much you're willing to pay for it. the result? paying a different price than the person next to you for the exact same item. alison kosik is live at the new york stock exchange.

doesn't seem fair to me somehow. >> listen to this. you may want to, instead of thinking of it as higher prices for being a loyal customer, you may want to think of it as the lower prices that you can actually get. so just to make it clear, the sticker price on the shelf for everybody would be the same. but your previous shopping habits, that would dictate how big of a discount you would get off that price. to give you an example, safeway has this app called just for you. it gives customers discounts based on what they've bought before, tracked on their club card. let's say you frequently buy, i don't know, tollhouse cookies. the store may send you a coupon for pillsbury ones. kroeger has a similar program. because these membership and loyalty programs are voluntary, no case can be made for discrimination. these programs still have plenty of critics who are concerned that they cater more to those in a higher income bracket because not a lot of lower income people have iphones or computers to get

coupons. and some people don't like to be tracked on their every purchase. consumers seem to be okay with their data being tracked as long as it means in the end that they're saving money. carol? >> wow! that's different. alison kosik, thanks for making it clear. still to come in the "newsroom," giving chimps the same rights as people. one lawsuit that could redefine what is considered a person. ♪ [ male announcer ] this december, experience the gift of exacting precision and some of the best offers of the year [ ding! ] at the lexus december to remember sales event. this is the pursuit of perfection. waiting for your wrinkle cream to work?

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it may sound like a far-fetched idea, giving a captive chimpanzee the same rights as humans. an activist group has filed a lawsuit on behalf of four chimpanzees, arguing that chimps should be recognized as legal people. cnn's john berman has more for you. >> reporter: it may seem like an unusual statement, that an animal should be recognized in some ways as a person. >> we understand that they have choices, that they can make in how they want to live their lives. >> reporter: steve weiss founded the nonhuman rights project, a group that says based on scientific evidence, chimps deserve some of the same rights as humans. >> we want to show that the chimpanzees also have autonomy

and that means that they can choose to live their lives in the way that they want, similar to the way that we can choose to live our lives the way we want. >> reporter: in a landmark lawsuit filed in new york supreme court, they want civil liberties for chimps held in captivity. >> they're using a time-tested legal maneuver called h abeus corpus which means free the body. it's been used throughout the years to free people from what's considered an unjust incarceration. a legal person doesn't have to be a human being. >> reporter: the suit was brought on behalf of four chimpanzees being held in the state of new york. one of the chimps is 26-year-old tommy, who lives caged on his owner's property in gloversville. >> no chimpanzee should live the way tommy lives. he is in chimpanzee solitary confinement jail.

all he can see is one bleak day after another in front of him, just the way we would if we were in solitary confinement. >> reporter: cnn reached out to tommy's owners but have received no response. the 91-page memory dumb filed by the nhrp refers to tommy as a person illegally imprisoned, demanding he and the others be relocated to sanctuaries and says this court must recognize tommy say common law person, entitled to the common law right of bodily liberty. >> we intend to file a wide variety of cases in which we argue again and again that certain nonhuman animals, such as tommy, are so complex or autonomous they should no longer be seen as legal things without any rights. >> john berman did reach out to all four owners but heard back from one, stoneybrook university

where two chimps live at a research center and they tell us, stoneybrook university has not seen any papers on this legal matter and, therefore, is unable to comment on this lawsuit. end quote. fast, furious and quite dangerous. the porsche carera is known by experts as a car that's very difficult to drive. so why is it allowed on the road? we'll ask a couple of professionals next. just by talking to a helmet. it grabbed the patient's record before we even picked him up. it found out the doctor we needed was at st. anne's. wiggle your toes. [ driver ] and it got his okay on treatment from miles away. it even pulled strings with the stoplights. my ambulance talks with smoke alarms and pilots and stadiums. but, of course, it's a good listener too. [ female announcer ] today cisco is connecting the internet of everything. so everything works like never before.

and our giant idaho potato truck is still missing. so my dog and i we're going to go find it. it's out there somewhere spreading the good word about idaho potatoes and raising money for meals on wheels. but we'd really like our truck back, so if you see it, let us know, would you? thanks. what? to help secure retirements and protect financial futures. to help communities recover and rebuild. for companies going from garage to global. on the ground, in the air, even into space. we repaid every dollar america lent us. and gave america back a profit. we're here to keep our promises. to help you realize a better tomorrow. from the families of aig, happy holidays.

life with crohn's disease ois a daily game of "what if's". what if my abdominal pain and cramps end our night before it even starts? what if i eat the wrong thing? what if? what if i suddenly have to go? what if? but what if the most important question is the one you're not asking? what if the underlying cause of your symptoms is damaging inflammation? for help getting the answers you need, talk to your doctor and visit crohnsandcolitisadvocates.com to connect with a patient advocate from abbvie for one-to-one support and education.

good morning. i'm carol costello. thank you so much for join iing me. investigators are trying to figure out why a train that derailed sunday killing four people was going 82 miles an hour, nearly three times the speed limit it should have been going around a curve. train's engineer is being questioned for a second day as investigators try to pinpoint why that train was going so fast. health officials say there is little chance that passengers on a us airways flight might come down with tuberculosis

after a scare in the air. a passenger was removed from the plane on a flight from austin to phoenix. >> the flight attendant approached us. she had a mask in her hands that you cover your nose with. she approached the man. he was about mid cabin, i would say, to my left. a window seat, a very slight -- slightly built man and told him to put the mask on. >> cdc says it's still waiting for test results to confirm if, indeed, that passenger really has tb. this morning, we have new video to show you the moment when "fast and furious" star paul walker's porsche slammed into a light pole and burst into flames. the surveillance video knocks down claims that another car was involved in a possible case of drag racing. officials are now focusing on speed as the primary cause of the accident. friend and co-star vin diesel broke his silence during a visit to the crash site, thanking fans

for their support over a police loud speaker. >> thank you for coming down here and showing that angel up in heaven how much you appreciated him. >> diesel also posted a message to his facebook page monday, quoting a poem, referring to the actor as his character's name, brian o'connor. quote, to live in the hearts we leave behind is not to die. i will always love you, brian, as the brother you were on and off screen. also n also new this morning, walker's father choking back tears. >> i was proud of him every day of his life. he was always doing stuff for us, always -- big gestures. his heart was so big. >> this morning, there are new

safety concerns about the carrera gt, the car involved in the crash. experts tell cnn it is difficult for drive, even for veteran race car drivers. martin savidge has more for you. >> reporter: paul walker died in a car most of us could only dream of. a porsche carrera gt, two-seater with three times the horsepower of a regular car, capable of going over 200 miles an hour. price tag? $450,000. exotic car mechanic todd trimble has just finished some routine maintenance on this carrera gt in las vegas. an oil change costs $900. >> mid engine car. you can see the full carbon fiber construction of it. >> reporter: porsche only made around 1,400 carrera gts. to hear trimble telling it, they're disappearing fast. >> they're getting rarer and

rarer. when they do wreck there's nothing left to them. >> reporter: he said there were 15 carrera gts in las vegas. now there are only six. >> very hard car to drive. pure racer's car. you really need to know what you're doing when you drive them. people are learning the hard way. >> reporter: he also taught the actors in the second "fast and furious" movie, including paul walker. >> worked with all the stars of the film, paul, gibson. >> reporter: let me ask you honestly, how was paul? >> paul was, by far, the best driver, a natural car guy. >> reporter: as for the car, pobst says driving a car like the porsche carrera gt for the experienced driver matches a thrill few experiences can match. >> the higher you rev the engine, the more it pulls. you feel it right in the chest, pushing you back.

>> reporter: the car isn't as forgiving in mistakes, lacking a common feature on many cars today, electronic stability control. >> stability control is really good at correcting slides, keeping the car from getting out of shape. >> reporter: everyone i spoke to who drivers works on the car told me pretty much the same thing. in the right hands, it's a great car. >> but a car like the carrera gt needs to be driven with great respect because it has so much power and capability. >> reporter: martin savidge, cnn, atlanta. >> autopsies for walker and the driver, roger rodas, who was also killed, are scheduled for later today. still to come in the "newsroom" from walmart to wendy's, workers are walking off the job in a fight for a better wage. one congressman joining in the protest joins us.

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a top republican senator sees a link between the 2012 attack that killed four americans in benghazi and the new health care reform law. senator jon cornyn says in both cases, the obama administration has been doing nothing but lying. >> i think the current administration has taken lying to a new level. cornyn made that statement during a google hang out section. is he running for re-election. while republicans attack

obama care, the white house is about to go on the offensive, making a new push to tout the program's benefits as it tries to turn public opinion after two months of really bad publicity. cnn's senior white house correspondent brianna keilar is in washington to tell us how. good morning. >> reporter: good morning, carol. this is a push that president obama is beginning today and is going to take place over the next few weeks. he will be trying to focus not on the website, which still has some issues, although it's doing better, but focus instead on his signature health care program. and then what we're going to see, starting tomorrow, is an emphasis each day on what the white house feels are some of the best selling points, consumer selling points for this program. tomorrow, for instance, is going to be preventive care. thursday, they will focus on pre-existing conditions that insurance companies now must cover folks for. still, of course, there are some problems with the website. the administration had said that they expected the capacity to be

at 50,000 yesterday. 50,000 users could use it at the same time. turns out it really topped out somewhere between 30,000 and 40,000. some of those problems still being acknowledged by the white house. here is what jay carney said. >> i think that we're not done with the work that needs to be done on that website, but we have, i think, passed an important milestone when it comes to making it work effectively for the vast majority of users. >> carol, for this program, it's essential that the administration is able to do that because from the get-go, this month was an anticipated heavy period of use for the website, for people signing up for obama care and that's because people -- many of them need their insurance in place january 1st, the last day to ensure that they can get enrolled or really to finish the process tees 23rd. that's where you're seeing this big push starting with what president obama is doing this

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checking our top stories at 48 minutes past the hour, in the ukrai ukraine, thousands of protesters. they're angry over the government's turning away from the integration with the rest of europe. we'll keep you posted. you may know singer/songwriter bob dylan best for his hit songs. but the ten-time grammy award winner is now facing charges in

france for allegedly inciting hatred after comparing croatian people to nazis, quoted in the french "rolling stone." if you have a slave master or clan in your blood, can sense that, just like jews can sense nazi blood and serbs can sense croatian blood. proficiency in reading, math and science in 65 countries. according to an international assessment group, u.s. students did not make the global top 20 and assessments remained flat while other countries made gains. singapore and hong kong. the u.s. was 36 behind the slovak republic. in rhode island, the war on christmas is finally over. the state house tree will now officially be called a christmas

tree. for the past two years, the governor made the controversial decision to call the tree a holiday tree. but he has since changed his mind because he appears >> i want to concentrate on the real issues. and if this is what people care about rather lowering the taxes and providing the services, sobeit. >> the 17 foot christmas tree will be lit on thursday. a special holiday hug for one guy. a manny tee hugging the diver's foot. he was eight feet long and probably weighed around 1,000 pounds. in the news this morning, they're not giving up. fast food workers will walk off the job in 100 cities on thursday. they're pushing for what they call a living wage. that means 15 bucks an hour. not the $7.25 most make now.

the protest coming days after walmart workers protested low wages. democratic congressman keith he willson protested with him. he called them occur rageous and urged them to kbun to push for change. $7.25 traps lates to $14,000500 a year. well below the poverty level. congressman he willson joins me now. good morning. >> good morning. >> taking a look at those pictures, the protests seem so small. and frankly many of them don't actually work at walmart. so in your mind, why do they matter. >> they matter because they speak for millions of people who are laboring below poverty wages. you've got to understand, if you're making $7.25, walking off the job is an enormous sacrifice. nearly all of these folks need

some sort of assistance, whether it's housing, medical, or food stamps, but they work full-time. if they walk off the job, that means a devastating blow to their family budget. so other folks step in and do it. when i was protesting with walmart workers the other day, several of them in fact left the shop floor and joined me and many others to stand up for higher wages. >> isn't it going to take a large number of workers protesting? it can't just be a couple of people with some union worker helping. >> it has to start somewhere. you've been seeing all summer long, whether it be in milwaukee, minneapolis, new york, or chicago or new york, people have been standing up for better wages over the course of a better part of the year. these things are growing. they're getting stronger, longer

and bigger. more workers are getting encouraged. if one person -- the montgomery bus boycott didn't start with one -- >> it's building to something. what is that something, do you suppose? >> a farer economy. an economy that really meets our expectations of what the american dream should be. we've seen four decades of wage stagnation and it's because of unfair actionation, a tax on union and collective bargaining, unfair trade policies. and the net result has been so many hard working people cannot put food on the table based on what they're being paid. we see exorbitant types of bonuses where other people are getting $7.25. it's not fair. the united states is the richest

country in the world. >> the government seems helpless to do anything about the wage gap in this country. there's a bill that would raise the minimum wage to 10 bucks an hour. you know that's a nonstarter. you guys are working a couple more days this year and then deal with the budget next year. there's not any time to push for a minimum wage bill. why not be honest about it and tell people now? >> we believe because where there's a will, there's a way. people need better pay. it's not for me to say because the odd are tough that we're not going to fight for it, we're going to fight for it anyway. if john boehner and others see fit to put bills on the floor to help hard working people make their ends meet, sobeit. but if they don't, then the american people will know who is standing in the way between them and a higher minimum wage.

>> thanks for being with me. we'll be back in a minute. f. you give them the giggles. tylenol cold® helps relieve your worst cold and flu symptoms. but for everything we do, we know you do so much more. tylenol cold®.

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seattle seahawks fans, loud and proud. we knew that. but now we really know it. andy scholes is here with the "bleacher report." >> their known for being the loudest in the nfl.

they took it to another level last night. after a touchdown, it registered as an earthquake on the size om ter a block away. it happened after a play in the first quarter. they knocked it out the drew brees' hand. the fans go nuts. and all the noise they created registered as a magnitude 1 or 2 earth quake. they had plenty to cheer about all night. 34-7 was the final. they're the first team to clinch a playoff spot this year. jason dufner is a die-hard auburn fan. he we want to school there. and the only problem is, he's playing in a golf tournament this weekend and wanted to watch the game. he took to twitter and asked tiger to shorten the tournament. he tweeted, i petition the event this week to play 36 holes so i

can watch my beloved auburn play for the sek championship. tiger' response, denied. and in the lineup section, uconn down one to florida. and they miss the shot and he's going to get a second chance and he bur riz it for the game winner. he's so happy, he keeps running trait straight out of the arena. >> i'm going to disneyland. >> and there was controversy surrounding this game. florida had to go to gainesville. and delta bumped 50 passengers off a commercial flight and put florida on it. one passenger told the newspaper that they were told there were mechanical issues on their plane. but then they watched the gators board it.

>> i would be mad. >> there are mad people down in gainesville about this. >> the next hour of cnn "newsroom" starts now. ahead in the second hour of "newsroom", new evidence on what caused a new york train to fly off the track. and victims' family members share their pain. if it you didn't get your shopping done online, your procrastination may pay off. some of the best deals yet to come. plus this. >> he's alive. >> and under water miracle. a man is trapped inside a sunken boat for more than two days and lives to tell the tale. the second hour of "newsroom" starts right now. good morning. i'm carol costello. thanks for joining me.

human error or mechanical problem? this hour investigators are trying to figure out why a train derailed in the bronx killing four people. it was going nearly three times the posted speed limit. they clocked the train going 82 miles per hour around a curve. it was supposed to be going around the curve at 30 miles per hour. and deepening the mystery, it shot from 60 to 82 miles an hour just two minutes before the crash. >> we will be developing what we call a 72-hour time line so that we have a good understanding of what sort of activities preceded this accident. >> the train's engineer said he tried to brake but the train would not stop. his phone records have been subpoenaed. but it's not believed the engineer was on the phone at the time of the crash. fatigue is also a factor that's being considered. we're also learning more about one of the victims in this crash. his name is jim lovell.

he's 58 years old. he was commuting to work at nbc. he worked as an audio technician on the "today" show. his widow and son talked with anderson cooper. >> i'm so sorry for your loss. nancy, how are you holding up? >> we are holding up 6789 we've got a whole community holding us up. and we've got our jim who is filling us up with love and holds us up. >> what do you want people to know about jim? >> i want people to know that jim was interested in what everybody was doing. he was pure goodness. and he lived that and showed that and gave that to his boys every single day. he gave it to his guys that he worked with.

he gave that to his family and brothers and nieces and nephews. he gave it to his beautiful daughter. i want people to know how good jim was. >> i -- i saw some of the tweets you were sending out. tell us about your dad. >> well, first off, i just want to say, that my dad was not a victim. i don't want him to be known as a victim. jim lovell was so much more than just a victim. he was a loving father, great dad. best friend, uncle. great co-worker. just always had a smile on his face. never had anything bad to say about anyone. one of the best people you could ever meet. i just want to say i'm so proud and blessed that i was able to call him my father.

>> i lost my dad when i was ten. and you guys are just so strong to be able to be able to talking about him. it's important for you, for other people to know about him. that you want other people to know what he was like. >> absolutely. the type of person you would want to show off in your life. >> and he made a point of showing everybody else off. >> is that right? >> yeah. he just wanted to lift everybody up. he was, like i said, always just interested in what everybody else was doing. and so unbelievably proud of his boys and his daughter. always just want the to know what they were doing. and just to talk about everything that they were doing in their lives. and just always showing great, great interest. and he was, oh, so good at everything that he did.

in his work and fatherhood in his community. we're really lucky. >> i've been reading all day about him. and everybody at nbc and all the other places that he worked have been singing his praises all day long and what a great person he was to work with. i understand that he was showing you kids how to chop wood recently. >> oh, yeah. >> was he a good wood chopper? >> it was a normal winter. >> best in all counties. >> in all counties. for hudson and jack, i don't want to put you guys on the spot. but is there anything that you want to say about your dad? >> i just want people to know he was a very loving father. and i miss him a lot. and everybody cared about him, everybody. he was a really big member of

the community. and he was so kind. >> it's great that you have the memories to hold on to. nancy, did you realize right away what had happened? >> anderson, i think i claim part of being irish is just kind of being intuitive. and i honestly -- after i sent the first text and didn't hear from him and then sent the second text, i -- i knew. i knew. i knew that he was one of the victims. i didn't want to believe it. and i, you know, kind of slowly made my way to the car and made my way down to the scene. but it was pretty clear to me. in my heart, i knew. >> and i mean, this just happened -- >> it was different morning.

>> i'm sorry, go ahead. >> it was a different kind of morning than our -- than our usual mornings. the moon was different leaving for the train at ten minutes to 6:00. the way we said good-bye was different. >> you drove him to the train station. >> the quiteness of the train station. i did. i dove him to the train station. and there was such peace and quiet at the train station. he was the only one that got on the train in coldspring. >> and you were saying it was a different good-bye. >> he said good-bye in the car. yeah. usually i'm pretty tired in the morning because i work late. and he wakes me up 15 minutes before it's time to go. and i get in the car and he drives to the train. but that morning he gave me a kiss good-bye in the car like he usually does and then we have to cross paths as i'm making my way

to the driver's seat. and there was a second kiss. and we don't usually do that. it's usually a mad rush to get to the car. so i got a second kiss. >>ry -- again, i'm just so sorry for your loss. and i know it just sounds so hollow to even say those words given the profound loss that you all are suffering. i just wish i strength and peace in the days ahead. >> we thank you, anderson. we thank you for letting us have the opportunity to tell the world how great jim lovell was. >> it's great to see the pictures that we've been showing of you all as a family in happier days. and i hope that -- i hope that keeps you going in the days ahead. >> thank you. >> thank you so much. >> the other victims killed in sunday's train wreck for donna smith, james ferrari, and ahn kisook. also this morning, we have

new video to show you. the moment when "fast & furious" star paul walker's porsche slammed into a light pole and burst into flames. it knocked down the thought that another car was involved in drag racing. officials are focusing on speed as the primary cause of the accident. vin diesel broke his silence during a visit to the crash site. he thanked fans for their support over a loud speaker. >> thank you. thank you for coming down here and showing that the jane he will up in heaven how much you appreciated him. >> dees am also posted a message to his facebook page monday and quoted a firm and referring to the actor by his character's name in "fast & furious" which is brian o'connor. he wrote, quote, to live in the hearted we leave behind is not to die. i will always love you, brian, as the brother you were on and

off screen. also new this morning, walker's father choking back tears as he remembered his son. >> i was proud of him every day of his life. he -- he was always doing stuff for us. always big gestures. he just -- his heart was so big. >> many people are asking whether the porsche carrera gt involved in the crash is simply too hot to handle. we're joined by professional race car driver nicole lyons and car crash reconstructionist. i want to start with you. to my untrained eye, all i see is a crash into the light pole but i don't actually see it and then i see smoke and flames. what do those pictures tell you? >> the light pole that you spoke of was a breakaway pole. and that one broke and it's

lying on the sidewalk. the -- i don't know -- i believe there was a second -- another tree that it made contact with and probably broke that one. but the third one that came -- where the vehicle came to final rest, it's leaning. it's a live tree. it's much more rigid, i be, than say a dry telephone pole. it's also narrow, which is -- it's bad. there's not -- it's -- so the narrower and stronger the object, obviously the car would hit that and cause more damage? >> correct. and it was buried into the ground as opposed to a light pole. >> so the light pole breaks in half, another tree breaks in hopeful. but the stronger tree would that cause the most devastating damage and cause it to explode? i was wondering, why would the car explode? >> i believe the explosion came from some kind of flammable fluid or something else.

it wasn't -- the car, when it makes contact with the ridged object like this, it might make a loud bang noise. but it wouldn't explode. >> so there was some flammable liquid in the car or was it just gas in the gas tank? >> well, from what was being recorded and being shown, i saw that a gentleman making a statement that he believed that the gas tank is in the front, i believe in this vehicle. and i believe it's right behind the seat. >> okay. so what do these pictures tell you about speed? how fast might this car have been traveling? >> i'm not a car designer. but i do know about, you know, these particular -- more of these exotic ones. they're made in three sections. and the -- first they start with

the motor cup. a bowl or cup. then they attach the drive train to it. and then they're married together. assembled or fastened together. and they are -- they are made to breakaway right behind the -- >> so the car is designed to come apart, in other words, right? >> in an event in a crash like this, it's designed to break apart. and that's what happened here. >> so as far as how fast the car was going, what's your best guess? >> i -- i think it's in excess of 45. and being a highway designer myself, i believe that this is a curbed highway. and so typically we design curb highways to be -- to design speed to be 45 mile an hour. >> but this car in your mind was

going faster than 45 miles per hour? >> yes. this car is capable of doing 200 miles an hour. >> nicole, let me ask you this. tmz obtained a copy of a memo that was sent to porsche that was sent to dealers back in 2004. it says, this vehicle cannot drive over a foster beer can that is lying on its side. it will crush the can and damaged carbon fiber under the panels. the carrera gt is is as close to a race car that we will ever get. this car has all the disadvantages of a race car. you need to be aware of what type of road surface you will be on. i know you've driven cars like this. what would it do? >> it would do what we saw happen. >> it would be hard to keep control of that car? >> yes.

we're talking about a 600 plus horsepower car. it's a race car. and like books like he said, it breaks away in three different areas which is designed for on the track. and on the track barriers. not curbs and trees and poles or any of those type of things. >> so had they been driving a normal, everyday car and they hit a curb, maybe the accident would have turned out differently? >> i'm not saying that maybe the accident would have turned out differently. but the normal car is, you know, 200 -- high 200 to low 300 horsepower. has traction control and all of those things. so the actual breakaway and being able to get away from the driver is going to be a lot less. this car incident have traction control. it's a full-on race car. so it can easily, like you said, hit a beer can and steer you wrong. >> that's just so sad.

thank you both so much for coming in this morning. we appreciate it. cyber monday sales through the roof. but if you wait until the last minute for all of that shopping it may actually pay off this year. christine romans is in new york to talk about that. >> reporter: i'm going to have for you why this year might be the year to actually -- that we outsmart the retailers for the first time in a very long time. i'll tell you why right after the break. p. but one thing you don't want to lose is any more teeth. if you wear a partial, you are almost twice as likely to lose your supporting teeth. poligrip and polident for partials seal and protect helps minimize stress, which may damage supporting teeth by stabilizing your partial. and clean and protect kills odor-causing bacteria. care for your partial. help protect your natural teeth.

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we can bake the world a better place one toll house cookie at a time. nestle. good food, good life. checking our top stories at 20 minutes past the hour. a massive 8-alarm fire lit up the early morning sky over boston. the situation is now under

control but firefighters are still battling flames in the commercial building. they tweet that everyone who was inside the building escaped safely. an alabama football fan allegedly shot and killed another fan because that woman wasn't angry enough that that team lost. the victim's sister said the alleged shooter, quote, went crazy and she started shooting outside the apartment. >> it was a good game. but to bring your emotions that far into something still considered a game is a little ridiculous. >> i'm kind of shocked. i guess i just never thought somebody like that could happen here. >> police are investigating whether alcohol was involved. any moment now a federal judge expected to rule on whether or not to allow the city of detroit to file for bankruptcy. if allowed, it will be the largest city to file in history. it has nearly $18 billion in

debt that must be seriously reduced to help the city get back on its feet. it's been the biggest online shopping day of the year since 2010. and cyber monday kept the streak going in year in a big way. joining me now is christine romans. give us the numbers. >> reporter: it's interesting. i'm call it mobile monday. because about 20% of these pufrs were made on a mobile device. cyber monday used to be the day when you used your high speed internet connection at work because that was the only place you had good internet. remember? now people are doing it on their mobile devices. 2 billion in overall sales. this is according to ibm's ecommerce report. but what it tells you is that people were out there buying, and pieing strong. these are smart consumers. they were buying kindles and ipads and toys and video game

consoles and really shopping for deals. and they got them. this is the one year in a long, long time that i think that shoppers have outsmarted the retailers. guess what? there are more sales coming. according to a research group, five days before christmas, everything will be half off. five days before christmas. and the weekend after christmas, they say the best sales in years will be after christmas on the weekend after christmas. because retailers have been pushing hard for you to buy. and american consumers are acting as if for the first time in a long time, they're careful, smart, and not going to part with their money unless it's a very good deal. >> that means i'm not a procrastinator, i'm a smart shopper. still to come in the "newsroom", while his family begs for his return. is there any chance north korea will release an 85-year-old

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the trip of a lifetime. now a nightmare scenario for one american. in october, merrill newman was detained in north korea for reasons unknown. and now in a bizarre taped con infection, he apologized for his actions including killing troops andismians during the korean

war. but there's still no word whether he will be set free. some like bill richardson thinks the se sheem is using him as a bargaining chip. >> they want something. i believe they want a high level delegati delegation. in the past they got jimmy carter and president clinton. i used to be the second string and i got a couple out. but in this case, there has to be some kind of an end game. the fact that they have two. the fact that one of them is a war veteran. >> cnn's pentagon correspondent live at the pentagon, barbara starr. my dad was a war veteran. that must have been very painful for him to do? >> swee decision diplomats have been able to visit him and bring in medication for his heart that we are told he needs. but still, of course, carol, his family wants him home.

north koreanian state media released video of '85-year-old merrill newman reading a handwritten policy. >> in u.s. and western countries there is misleading information and propaganda about -- >> reporter: they say he's guilty of big crimes when he fought for the u.s. in the korean war. and now 60 years later, planning to try to meet up with anti-come myist grill las. but was he coerced into a confession? >> the two biggest signs were imperfect english and the second sign is all the languages that praises the regime. i think those with dead give aways that it wasn't written by merrill newman. >> reporter: his case is especially concerning due to his angle and no one is sure what north korea is up to. >> they seem to have ratcheted

up the situation by going after somebody who has no particular cause for being detained in north korea, and then holding him without explanation for over a month. >> reporter: american kenneth bae also held for over a year by north korea. his sister told cnn his convictions might have gotten him in trouble. >> he is a man of faith and a strong christian. because of his zeal in wanting to share that i think might have been interpreted as having hostile intentions. >> reporter: in the past north korea has released americans after visits by prominent dignitari dignitaries. >> 30 hours ago we were prisoners in north korea. >> reporter: knees journalists spent 140 days in captivity.

former president bill clinton secured their release in 2009. they're being very careful right now not to say anything that could jeopardize the hopeful and potential release in the near future. >> still to come in the "newsroom." new surveillance video in the crash that killed paul walker. we'll take a closer look at what happened when we come back. so i can't afford to have germy surfaces. but a fresh sheet of bounty duratowel leaves this surface cleaner than a germy dishcloth. it's durable. and it's 3 times cleaner. so ditch your dishcloth and switch to bounty duratowel. you give them the giggles. tylenol cold® helps relieve your worst cold and flu symptoms. but for everything we do, we know you do so much more. tylenol cold®. a body at rest tends to stay at rest...

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coping with asthma isn't controlling it. test your level of control at asthma.com, then talk to your doctor. there may be more you could do for your asthma. now to the sudden death of "fast & furious" star paul walker. police have ruled out drag racing as the cause of that fatal crash. but this morning there is new surveillance video to show you. this is the moment where the porsche gt slammed into a light pole and burst into flames. nischelle turner is in new york with more on the story. good morning. >> reporter: hey, good morning. video that is hard to watch. now while the l.a. county's sheriff's department continues its investigation as to what happened in this crash, friends,

family and fans of paul walker continue to mourn. fast cars and high octane driving, the keys of the "fast & furious" franchise. and possibly the cause of death for one of the film's stars. investigators say they believe the fiery crash that killed paul walker and a friend on saturday involved a single speeding car. his "fast & furious" could star vin deechl visited the crash site monday night. he addressed a crowd gathered at the memorial. >> thank you for coming down here and showing that this angel up in heaven how much you appreciate him. >> reporter: omg insider obtained this surveillance video showing the moment it slammed into a light pole. >> we have confirmed two doa. >> reporter: the l.a. county's sheriff department investigated and ruled out a tip that it may have been the result of a street race. >> when they passed us, there

were no other cars around them at all. and there was only one car, and we were listening for it. and when they hit it a little bit and you can hear their exhaust, there was only one car. >> reporter: the pavement is scorched with skid marks though it's unclear if they were left by the car walker was riding in. and law enforcement forces say the oval like street has a reputation for being popular with fast drivers. walker himself spoke about the kind of dangerous driving depicted in the "fast & furious" back in 2001. >> nothing worse than 120 mile an hour blowout on a pedestrian street. it's just common sense. not worth the risk fatter. >> reporter: walker's new movie "hours" will open as planned on december 13th. he had been working on the "fast & furious" series at the time of his death. the future of that film now in question.

but this scene has been leaked online showing walker at a funeral. >> no more funerals. >> just one more. >> reporter: walker leaves behind a devoted fan base, friends and close-knit family. his dad says they are overcome with grief. >> as a father, that's a fear that you always have that one of your children will go before you. >> reporter: so very sad. there's a couple of things at work here today. first of all, the autopsies for roger rodas and paul walker will be done later on today. i spoke with paul walker's representative who tells me plans for a memorial for him are still being finalized. and also we showed you a clip of his movie that's going to be releasesed december 13th called "hours." and i'm being told that this is a true departure to what we're used to seeing him play on the screen. this is about a father who is trying to save his chimed's life who was born with complications

in the hours after hurricane katrina. they're saying it's a very serious role and he's getting a lot a lot of critical applause for this role. >> still to come in the "newsroom", a deadly shark attack in hawaii. we'll tell you about that. over the next 40 years

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and thrive. tragedy off the coast of hawaii after a man dies from a shark attack. it happened while he was fishing from a kayak monday morning. it's the 13th shark incident in hawaii this year alone.

that's well above the state's average. here is more for you. >> i was very sad. we were all shocked. >> reporter: terror on a maw wee beach monday morning after a fisherman was killed by a shark. the victim, a 57 yrmds man was dangling his foot off a landing. the shark virtually ripped it off. a friend of his who was fishing some 500 yards away, paddled over and tried to save him. >> we applied a turourniquet on the leg that was wounded. >> reporter: officials say he decide on the way to the hospital. this is the 13th shark attack reported in hawaii just this year alone. to put that into perspective. hawaii has traditionally averaged only four shark attacks

a year. none in 2008 and none in 1998. they're launching a study to get to the bottom of why these attacks are surging. >> we've got -- we're just closing the beach. monitoring and making sure everybody stays out of the water. >> you realize, if anything, that there are dangers. you know, there's a reason to be careful out there. >> well, the waters where that attack took place are closed. some beaches in the surrounding area remain open. officials are warning swimmers to stay out of the water, though. checking other top stories at 45 minutes past. you may know bob dylan best for his music. peace loving music, right? but now the ten-time grammy award winner is being

investigated in france for allegedly inciting hatred after he compared croatian people to nazis. here, quote, if you've got a slave matter or clan in your blood, blacks can sense that. that stuff lingers to this day just like jews can sense nazi blood and the serbs can sense croatian blood. a fourth student has now come down with meningitis at the university of california in santa barbara. one of them remains hospitalized after having both of his feet amputated two weeks ago. more than 300 students who had contact with those who have been ill have been given anti-buy yot ticks. an activist group is fighting for captive chimpanzee to have some of the same rights

as human beings. they filed a lawsuit on behalf of four chill ban zees. it argues that they're self-aware and therefore should be recognized as legal people justice an parent battle in the war on christmas just won why rode island. the official tree will be called a christmas tree this year. it has in the past been called a holiday tree. >> i want to concentrate on the real issues. and if this what people care about rather than lowering the, thats, sobeit. >> the 17-foot tall christmas tree will be lit on thursday. still to come, a man spend newer will he three days trapped underwater after a tugboat sinks. you will be amazed at how this man managed to survive. we'll be right back. my name is mike and i quit smoking.

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it's a story that some people thought was too good to be true. a man sur viefz nearly three days underwater in an air pocket after his tugboat sank. we now have video of the rescue. and cnn's jeanne moos talks to one of the rescuers about how it all came together. >> reporter: when this tub boat capsized in the ocean, it was thought a dozen men drowned. so imagine when a rescue driver searching the tug felt a hand. he thought tafs a hand belonging to a corpse. >> exactly. >> reporter: and then the hand grabbed him. watch the reaction. >> what's this? >> what's that? >> you found one, yeah? >> he's alive. >> okay. keep him -- >> reporter: for the diver. >> he said it was one of the

most terrifying moments underwater. >> reassure him and pat him on the shoulder. >> reporter: driver met survivor as the rescuer surfaces in an air pocket. 29-year-old man had been underwater for two and a half days. the survivor was in the toilet when the tug capsized. leaving him trapped in a four square foot air pocket. it was pitch black. his skin was starting to peel. >> how is that passage to bring him out? >> reporter: if you're wondering why the driver's voices sound high pitched like the chip monks. >> that's because they're breathing a he helium oxygen mission. >> reporter: they gave him a helmet. >> what's your name 1234. >> harrison. >> harrison? >> yes, sir. >> i'm going to bring you home, okay? >> okay. >> what is your rank?

>> i'm the cook. >> you're the cook. okay. the one survivor. you're going to follow him out. okay? >> he was exceptionally calm. >> we're going now. put your head underwater and breathe comfortly. okay? >> reporter: it took a little less than half an hour to get from the tugboat to the surface. if the story sounds familiar, it's because the accident happened back in may. but only now has the video surfaces accompanied by music. until you recognize it, it's the theme from "the great escape." he spent the next two days in a decompression chamber. he returned to nigeria in good shape. and you can bet neither man will ever forget the handshake that left both shaken. jeanne moos, cnn, new york. >> still to come in the "newsroom", the fight for a higher minimum wage in

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charge to boost california's minimum wage to $12 an hour by 2016. he says it will save you, the taxpayer, money. so why do so many other conservatives say it will cost jobs? he's millionaire entrepreneur, libertarian and former governor of california. he joins me now from mountain view, california. good morning. >> hi. >> you're funding a move with your own money to increase the minimum wage because you say it will save taxpayers money in the long-run. many republicans will not agree with you. they say it hurts the economy and costs the country jobs. are you saying they're wrong? >> i think they are. and many of them now have looked at the issue in a new light once they've realized because of the low wages of all of these workers, they received billions or even tens of billions of dollars every year in government benefits paid for by the

taxpayer. if they received higher wangs by their employer, the taxpayer wouldn't have to make up the difference. >> but from a small business owners person, they would be hurt, wouldn't they, if they had to pay their employees more? >> no, sir necessarily. all they would have to do is raise prices by a very small amount to make up the difference. for example, walmart workers normally are not paid much money at all. i think they average about $8 or $9 an hour. if they're wages were raised to a minimum of $12 an hour, walmart would only have to spend 1% more money. they would only have to raise their prices by 1% one time, which would cost the average walmart shopper $12 per year. meanwhile, taxpayers would save billions of dollars in soeshlg welfare benefits. >> like people having to go on food stamps because they don't make enough money, right?

>> exactly. >> you're actively trying to talk with retailers to convince them to raise their wages. i asked a walmart executive about the minimum wage in this country last week. here is what he told me. >> i think this is an important discussion that we need to have as a country. in an open economy like we have, it's about supply and demand. and we're very interested in participating in those conversations to say what is the right price for workers across the country? and because we are a large retailer, we're excited to be able to offer that. our average hourly number is $12.81. >> so you say you're going to reach out to walmart to talk about this issue. have you? >> i've just started my campaign. but i certainly do hope walmart looks at this issue seriously. one important point is that 12 dollar minimum wage nationwide would shift $160 billion each year into the pocketbooks of the low wage workers who spend every

dollar they earn. it would provide a huge boost to the economy and a huge boost to walmart because they're the people who shop at walmart. >> i wish i could talk to you longer, but i'm out of time. thank you for joining me this morning. and thank you for joining -- thank you for joining me. i'm carol costello. "legal view" with ashleigh banfield starts now. >> we now know that bronx kmun commute ter train was going 82 miles per hour as it headed towards a curve. may be soon we'll know why. could criminal charges be coming? also this hour, a real life season opera unfolding inside a comic book empire. accusing the boss of